Assembly Bill A10081

Signed By Governor
2015-2016 Legislative Session

Relates to penalties for deceptive trade practices and unlawful acts by an automobile broker business

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Archive: Last Bill Status Via S6623 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A10081 (ACTIVE) - Details

See Senate Version of this Bill:
S6623
Law Section:
General Business Law
Laws Affected:
Amd §743, Gen Bus L

2015-A10081 (ACTIVE) - Summary

Relates to increasing penalties for deceptive trade practices and unlawful acts by an automobile broker business.

2015-A10081 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10081

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the  general business law, in relation to increasing
  penalties for deceptive trade practices and unlawful acts by an  auto-
  mobile broker business

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 743 of the general business law, as added by  chap-
ter 616 of the laws of 1988, is amended to read as follows:
  S 743. Enforcement by attorney general. In addition to the other reme-
dies  provided,  whenever  there  shall  be a violation of this article,
application may be made by the attorney  general  in  the  name  of  the
people  of  the state of New York to a court or justice having jurisdic-
tion by a special proceeding to issue an injunction, and upon notice  to
the  defendant  of  not  less than five days, to enjoin and restrain the
continuance of such violations; and if it shall appear to the  satisfac-
tion  of  the court or justice that the defendant has, in fact, violated
this article, an injunction may be issued  by  such  court  or  justice,
enjoining and restraining any further violation, without requiring proof
that  any  person  has, in fact, been injured or damaged thereby. In any
such proceeding, the court may make allowances to the  attorney  general
as  provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and  direct  restitu-
tion.  Whenever the court shall determine that a violation of this arti-
cle has occurred, the court [may] SHALL impose a civil  penalty  of  not
[more]  LESS  than one thousand dollars AND NOT MORE THAN THREE THOUSAND
DOLLARS for each violation. In connection with any such proposed  appli-
cation,  the  attorney  general  is  authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13524-01-6

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